Trust responsibility of the US Govt to Indians isn't just to the chiefs or chairmen. Protecting Tribal ABUSED from Tribal ABUSERS isn't an ethical dilemma, DO THE RIGHT THING.Tribal Disenrollment is Rampant in Casino Tribes for GREED and Power.
The RICH tribes may have the Rolexes, but WE have the Time to fight for our RIGHTS

Monday, January 31, 2011

Dept. Of Interior's Larry Echo Hawk Rules 60 members of San Pasqual Band Are to Be Ousted

About 60 members of the small San Pasqual Band of Mission Indians, which operates the highly successful Valley View Casino, are not really members of the tribe, the United States Department of the Interior ruled Monday.
Those subject to the decision, which overturns one made in 2008, will be ousted from the tribe. They will no longer share in casino profits, will have to move off the reservation, and will not be able to take advantage of any other tribal benefits, the band’s spokesman, Allen Lawson, said Monday.

At the heart of the issue is whether the descendants of Marcus Alto Sr. should be considered blood members of the tribe.

Assistant Secretary of Indian Affairs Larry Echo Hawk, the highest authority for the Bureau of Indian Affairs, ruled that Alto was adopted when three days old in 1907 by members of the tribe and therefore his descendants are not truly blood members of the San Pasqual band. Alto died in 1988. Even the year of Alto’s birth is a point of contention. Documents also mention 1903 and 1905 as birth dates.

To be part of the San Pasqual band, people have to be at least one-eighth “blood of the band.” That limits membership to people who have a great-grandparent who is or was a full-blooded San Pasqual Indian.

“When you’re not a member, it means you do not qualify for any of the benefits,” Lawson said.

“The Assistant Secretary’s thorough and well-reasoned decision vindicates the Tribe’s continuing opposition to the Bureau’s enrollment of Marcus Alto’s descendants,” Lawson said. “Nothing is more important to the exercise of tribal sovereignty than a tribe’s right to define its own membership. After 20 years the Bureau has finally acted to correct its mistake.”

The 270 to 300 members of the Indian band receive checks each month for about $3,600, said Isabelle Sepeda, 68, Marcus Alto’s youngest daughter, who lives in Anaheim.
She said she and all those in her family are “devastated” by the ruling and intend to fight it. If new evidence is presented, the ruling states, the issue can be revisited.

“I can’t believe the dignity of my father is being hurt like this,” she said. She maintains her father was the son of tribal members.

“My dad talked to me about his mother all the time. He said he loved his mother and that she was the only mother he had ever known.” Sepeda says the disenrollment is the result of lies and hearsay being spread by people who dislike her family.

Lawson and Sepeda said only about eight of the Alto descendants live on the reservation presently, although all do receive benefits.

The dispute has been going for more than 20 years. In 2008 the Bureau of Indian Affairs, denied the band’s bid to eject the 60 members. That ruling was appealed to the Interior Department, which spent almost two years researching the question.

“I am persuaded that the enrollment of the Marcus Alto, Sr., descendants was based on information subsequently determined to be inaccurate and, as a result, their names must be deleted from the Band’s roll,” wrote Echo Hawk. ”... This decision is final for the Department.”

Lawson said the tribe is in the process of officially notifying the Alto descendants of the disenrollment and preparing a revised Tribal roll to present to the Bureau of Indian Affairs.
The San Pasqual band is made up of descendants of a village of about 100 people evicted at gunpoint from the San Pasqual Valley by sheriff’s deputies in the 1870s to make way for white settlers. Their homeland is now the San Diego Zoo Safari Park (formerly known as the Wild Animal Park).

Over the next several decades, members of the tribe moved to cities and other reservations and married non-Indians. The government finally established a reservation on five parcels in Valley Center in 1910.

No where does is say anything about Alto not being Indian. The question that Lawson and his followers poised is Alto a blood member of the band? They targeted this family because an adoption took place in 1907. Poor record keeping has put this family in jeapordy. Our ancestors would not allow this thing to happen, and the apple Indians "red on the outside, but white on the inside" are using these poor records to kick people off the rolls to increase their own benefits. Indians are Indians, and adopted people can act and become members of the band. I think that we get hung up on the blood thing, and forget what has been handed down through out ancestors. Living as Indians "triblets, clans, or bands" in the Indian way.

Thats what I meant. People may not agree, but hey Indian is Indian to me. I think we should all behave like an Indian, if we really are. Alto family poised no threats to anyone.

Did you know that Blood Quantum’s classifications were created by the government so that Indians could be legally segregated and placed on reservations? It is this very type of institutional racism that allows for Tribes today to overly create an environment of elitism. If you are not in the dominate class, then you are subordinate and vulnerable in that the ruling body, tribal council/enrollment committee can use Institutional racism to declare that you do not meet the criteria for membership. Ever hear of the saying that you can’t pick your family only your friends, well it is clear that is not the case for the majority of disenrollment’s. I know blab la bla.

I forgot a racist will measure the color of your skin by the “One drop rule” meaning that if you have one drop you would be labeled as was done to people of color, or you used the “White purity” rule in that your ancestors come from an unbroken line of white genotype. Indians used the same purity rules, except that it is distinguished as a blood quantum. There is no racism there is there? One last fact the quantum is originally defined as the smallest discrete quantity of a physical property such as electromagnetic radiation or angular momentum, but the government used the measurement to practice racism on Indians and now some Indians use it against their own. Shame on you who do this to your own, I know bla bla bla

If the CPP were smart they would form their own tribal council now ,mrs wright and company and go to ECHO HAWK and state they are the council and real tribe and the KINGDOM would be handed to them (THATS A FACT)!

If Pechanga go's to Mr Echohawk in the B.I.A. and has it setteled then this would end all this dipute with the Hunter family. If any one from Pechanga reads this have the B.I.A. settel this. If what you say is true then this would shut the hunter family up and end all accusation of criminal acts and goverment corruption.

The preponderance of the evidence in this case compels Mr. Echo Hawk to reverse the RD's decision, and accept the removal from the San Pasqual Band memnership roll. His decision was based upon the thorough examination of all available evidence. The enrollment of the Roberto Maro Alto Sr. was based on information determined to be inaccurate and, as a result their names must be deleted from the San Pasqual roll. Now they can go back and be the Mexican they started at. Truth hurts, but what is "is"

"So did the Pechanga committee go the the Dept. of the Interior and BIA to oust the Hunters and Mirandas?

I have not read that anywhere, but if San Pascal had to get approval doesn't Pechanga?"

Pechanga doesn't have an agreement with the BIA to rule on enrollment issues but San Pasqual does have one.

Pechanga wouldn't want the BIA to be involved in our, the Hunters, case because then they would have to defend against documents such as my grandmother's probate documents from the Dept. of Interior that describe her as a Mission Indian (Pechanga Band).

By the way, her probate for her share of the Hunter family allotment went through after we were disenrolled so clearly the United States government still considers us Pechanga.

What does this mean for a tribe like Pechanga where Jenny Miranda, butch Murphy, CLAIM to be ADOPTED! That's right they themselves have said they ARE not Indian blood. While they steal Millions of dollars from Hunters who ARE true blood Indians from an Original Pechanga Temecula person Paulina Walla.

Thank you for removing the corrupt pechanga people and restoring the Hunters to their rightful place in the tribe!!!

Pechanga, if the BIA did get involved in our case, would also have to defend the fact that they acknowledged our land patent that we got from the U.S. government in the 1890s as Temecula Indians and this isn't the only fact in our favor that the tribe didn't dispute.

"Pechanga, if the BIA did get involved in our case, would also have to defend the fact that they acknowledged our land patent that we got from the U.S. government in the 1890s as Temecula Indians and this isn't the only fact in our favor that the tribe didn't dispute."

The bia would not look at the land issue thats not a membership issue.We are talking about membership or people who were enrolled or adopted not land.If billybob has land it does not make him pechanga.You are asking the BIA to research indian history (not going to happen)they will look at a group questioned by a tribe if adopted.Its not their job to determine membership but look at facts given to them from the tribe.If there is clear evidence that a person was adopted then its easy for them to rule in the tribes favor.(They will not tell a tribe these people own land and we feel their Indian).

"The bia would not look at the land issue thats not a membership issue.We are talking about membership or people who were enrolled or adopted not land.If billybob has land it does not make him pechanga.You are asking the BIA to research indian history (not going to happen)they will look at a group questioned by a tribe if adopted.Its not their job to determine membership but look at facts given to them from the tribe.If there is clear evidence that a person was adopted then its easy for them to rule in the tribes favor.(They will not tell a tribe these people own land and we feel their Indian)."

The tribe had 25 years to dispute our land allotment but they never did, why?

Because we are who we claim we are original pechanga people.

But our allotment is just one of the things in our favor that we could use and if you have come to this blog before now, then I am sure you have read the many facts that back up what we say.

Maybe one of my relatives can jump in and post some of those facts, I am feeling a little weary at the moment as I have posted this stuff dozens of times already.

"Bia they already know who you are?They don't determine membership the tribe does."

The Pechanga tribal membership, the final tribal authority, already decided to keep us the Hunters in the tribe when it voted to outlaw disenrollment in July 2005 so our disenrollment in March 2006 was illegal.

So now what?

What are we suppose to do to get the tribe to follow its own laws?

Like I said, the land allotment issue isn't the only card we are holding but I am still a little weary so I will keep it short for now.

The Dept. of Interior manages trust land through the BIA. Bureau of Indian Affairs manages land records of trust land for Indian people. Congress has plenary power over all Indian matters.

The unfortunate fact is corrupt tribal governments have thought they could get away and violate tribal members rights. They could hand them a piece of paper and say we do not recognize you as tribal members anymore, no go away. If you do not follow the tribal law, and constitution, and are not fair in your practices, processes this is harmful for all Indian nations. These things did not happen overnight, nor will they be fixed overnight. Overthrowing the Pechanga government, took over 30yrs. Fixing this problem, may take the same length of time.

Pechanga is full of adopted people, some sit on the tribal council. The definition of a Temecula, Pechanga person was written in the constitution, and bylaws of Pechanga. The current termination of life long members violates custom and tradition, and constitution and bylaws on many levels.

The moratorium is unconstitutional, and should also be thrown out with the corrupt.

You even have some people who come on here and spew the lies and propaganda still. “The disenfranchised were planning a coupe, and submitting petitions to take over Pechanga.”

When people really look at this matter the truth is plane as day. The disenfranchised trusted in the government to do the right thing. The disenfranchised never filed a petition, and never planned a take over of Pechanga.

Look at the people who did stir up the government. Follow the communications; they all lead to the same group, the splinter group AKA CPP. This group launched all kinds of lies and mistruths, sent letters requesting investigations, plugged allies into key government positions, and did not follow custom or tradition and any of their actions.

The B.I.A. needs to look in to this under this section Commissioner of Indian Affairs Delegation of Authority Regarding Tribal Enactments Section 18 Paragraph (3) states Tribal enactments disenrolling persons found not to meet the established enrollment criteria. The Commissioner’s approval of such action shall be subject to appeal to the Secretary of the Interior. Paragraph (4) The Commissioner shall forward to the Secretary, with a recommendation, ordinances, resolution, or contracts which, in the opinion of the Commissioner are: Inconsistent with an act of Congress or with a treaty or with tribal constitution or charter under which the ordinance, resolution, or contract was adopted, enacted, or negotiated; or should be disapproved or rescinded for any other reason.Paragraph (5) Notwithstanding the provision of section 25 of this order, the Commissioner shall not redelegate the authority granted in this paragraph to any officer or employee who pursuant to a tribal constitution or charter passes upon ordinance, resolution, or contracts. The Commissioner is Mr EchoHawk

What a difference a year makes! In 2009 echohawk asked for 8 points, more info and records. To be able to make a final decision. The alto' s provided 4 with the other 4 being unable to find. The tribe gave 0 new updates to echohawks request. The alto family has had 4 different decisions in their favor including a final decision in 1994. The new evidence from the tribe has been around since 1907, and even proves the san pasqual blood to Jose alto. The challenge cost the tribe 4 million, for legal representation, and anthropology. Yet a backroom deal in the end sealed the fait for the alto's.

In August, Lawson asked Fletcher to arrange a meeting with a Justice Department mediator. Those talks hit an impasse, Fletcher said Thursday. He declined to discuss the matter in detail, but he confirmed that the tribe could lose its right to operate the casino if an agreement is not reached.

We have another tribe that is in this same perdicament but we cannot get the government bia echohawk to step in. Our Tribe has dictatorship, they disenroll, or try, and they bannish, one family runs this tribe, with white lawyers. They have put a halt to giving the tribe a general membership meeting and election. So the ones that are in the council seat are not legal. And since they have all the legal and hire a guy with a gun to escort you out the door. They bascically have the power. Chairman is like 1/32nd Tribal and does not meet the criteria of enrollment. They did say that they were adopted. and Adopted means with no voting priv. cannot be on council - and no other priv. per gen membership. They took out the Heridtary Chief, and his fam. because we had discovered the blood amout of the their family. Altho we did tell and wash our hand of this info. We did not ask to be rid of them. But now they have taken the tribe hostage, and did a council takeover with these white lawyers. The BIA wont intervene, so what do they just get away with all that belong to the general membership. Which they have not given anything to the general membership. I think the council fam. has purchased land and cars. ets. They took over the enrollment and hired ones that would do what they say. Even a Chief named him Chief and then tell you only speak when spoken too! I want BIA's help!!! Civil rights have been violated and we want our tribe back. The last general membership we had the gen members wanted them out. But they will not leave. They have keys - access to accounts. The key players are heads of departments. This is what happens when you have to put trust into lawyers who take adventage of the age of people and then these older persons trust the lawyers. Over the tribal membership. Then the money comes. Now its no longer about trust just money.

I wonder when these people are ever going to realize that their little band is scheduled for self destruction by their own selfish actions. 60 people is too small a genetic pool to survive when such a large blood quantum of 1/8th is required for membership.

Any species of animals with that few living members would be doomed to extinction and so too this Tribe. Their greed for maximum benefits will destroy them in the not so distant future.

I know that the DISENROLLMENT of the Alto's from San Pasqual seems unjust. However, there are a few things you need to know. The Alto's and the Lawson's (non-San Pasqual whites) occurred at the same time. NEITHER family qualifies for enrollment under 25 CFR 48, which is the enrollment statute that has been in place since 1960. Denied enrollment between the time of the reformation of the tribe until 1995, BECAUSE THEY DO NOT HAVE BLOOD OF THE BAND, Frances Muncy approved the enrollment of these two families in 1995. She single handedly destroyed the San Pasqual tribe. Neither the Alto's OR the Trask descendants (Lawson, his sister Cheryl Calac or their cousin, Dave Toler) have ANY blood of the band. The BIA has all power over enrollment and Frances Muncy got it wrong in the first place. We still fight to get the Trask's out! It is NOT the same as what has happened at Pala or Pechanga.

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Tribal Disenrollment is Killing Off Generations of Indians

TRIBAL DISENROLLMENT is the most egregious human rights issues that's gripped Indian Country the last decade include the taking of ones citizenship; denial of basic rights - freedoms; and the severing of spiritual/cultural ties to ones people/land.

Replacing actual physical genocide,acts like disenrollment, is “killing off” generations of Indian people.